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Culture War Roundup for the week of May 29, 2023

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If the legal landscape does change, this is a chance to empirically test Richard Hanania's thesis that Woke Institutions is Just Civil Rights Law.

Affirmative action is legal permission to reverse-discriminate, not a requirement to reverse-discriminate. Companies are already able to compete on hiring policies just by saying "we don't have affirmative action at this company". There are laws which require companies to racially balance when they wouldn't want to otherwise, but these laws aren't affirmative action, and won't be affected by getting rid of affirmative action.

There is no such thing "reverse discrimination" to accept their behavior as anything other than "discrimination" full stop, is to grant the identitarians a victory that they do not deserve.

I've seen you post comments in opposition to idpol many times now but I'm still not sure what you believe. To me the argument that adopting idpol in the U.S. is tantamount to pressing the "defect" button in order to benefit at the expense of other groups who must coexist with you. So the logical response is for those other groups to start pushing "defect" themselves lest their lunches get eaten.

I'm not a fan o white nationalism and I think that "white" is a very incoherent, borderline-nonsensical concept in the U.S. But it seems like as a non-BIPOC person my long term choices are "do nothing and eventually pay reparations" or "start advocating for my racial group or coalition in order to counter enemy idpol tactics." I would prefer a third way. You seem to think there is one, so what is it?

I think the best answer is to reject the idea that these identities exist and get others to do the same. Identity politics are strengthened by people accepting the premise as most ideological constructs do. If you’re living in a country that’s based on religious ideals, playing in that sandbox makes it impossible to break out. If I accept that religion is real and should be a part of state government, then there’s no outside position. I might reject the ideas of Shariah, but if I’m rejecting them to implement the Talmud or Catholic Canons or something, we’ve already agreed on Theocracy, and the legitimacy of theocracy, we’re just arguing about the one on top.

You're not wrong but where I suspect that where we differ is that I do not see rationality as prerequisite for morality. Contrary to a lot of other users here, I do not think that having a good reason to press the defect button absolves one from the responsibility of having done so. Bad things happen to bad people. Bad things also happen to good people. So it goes.

Like in the old Matthew Brodrick movie, the wining move is not to play.

Like in the old Matthew Brodrick movie, the wining move is not to play.

As an even older saying goes, the game is rigged but it's the only game in town. Or perhaps you'd prefer the more recent "You may not be interested in the culture war, but the culture war is interested in you." "Not playing" is losing without a fight. Insisting that others who oppose the woke identitarians are wrong to play is giving aid and comfort to the woke identitiarians.

The EEOC has gotten many companies to agree to settlements merely for disparate impact: https://www.google.com/search?q=disparate+impact+eeoc+settlement

Here's one example: https://www.eeoc.gov/newsroom/dollar-general-pay-6-million-settle-eeoc-class-race-discrimination-suit

CHICAGO - Major retail chain Dollar General will pay $6 million and furnish other relief to settle a class race discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, Dollar General, the largest small-box discount retailer in the United States, violated federal law by denying employment to African Americans at a significantly higher rate than white applicants for failing the company's broad criminal background check.

Employment screens that have a disparate impact on the basis of race violate Title VII of the Civil Rights Act of 1964, unless an employer can show the screen is job-related and is a business necessity. The EEOC filed suit in U.S. District Court for the Northern District of Illinois in Chicago (EEOC v. Dolgencorp LLC d/b/a Dollar General, Civil Action No. 13 C 4307), after first attempting to reach a voluntary settlement through its conciliation process.

The three-year consent decree settling the suit, signed by U.S. District Court Judge Andrea Wood, requires that Dollar General pay $6 million into a settlement fund which will be distributed through a claims process at the direction of the EEOC to African Americans who lost their chance at employment at the company between 2004 and 2019. If Dollar General chooses to use a criminal background check during the term of the decree, the retailer must hire a criminology consultant to develop a new criminal background check based on several factors including the time since conviction, the number of offenses, the nature and gravity of the offense(s), and the risk of recidivism. Once the consultant provides a recommendation, the decree enjoins Dollar General from using any other criminal background check for its hiring process.

I don't think that's correct

Affirmative action is illegal by the black letter of the Constitution and indeed by civil rights law (which is race neutral -- formally, it is race which is a protected class, not minorities), but that doesn't seem to matter.